Showing posts with label Justice for victims of the KR. Show all posts
Showing posts with label Justice for victims of the KR. Show all posts

Monday, May 17, 2010

KRT verdict will bring justice: PM [-Will the victims agree with Hun Xen?]

Monday, 17 May 2010
Cheang Sokha
The Phnom Penh Post


PRIME Minister Hun Sen offered praise for the Khmer Rouge tribunal on Saturday, softening his tone towards the court by saying that a verdict in its first case would bring justice for victims of the Democratic Kampuchea regime.

Speaking at a groundbreaking ceremony for the Cho Ray-Phnom Penh Hospital, the premier said the court’s ruling would mark the end of a long and tortuous struggle.

“Justice is given to us 30 years after we were liberated,” Hun Sen said. “Sometimes we cannot find justice after one year, two years or three years – we have to wait 30 years before they can provide us justice.”

Closing arguments in the tribunal’s first case – that of Tuol Sleng prison chief Kaing Guek Eav, alias Duch – concluded in November. UN court spokesman Lars Olsen said Sunday that judges at the tribunal have yet to reveal a possible date for the verdict.

Hun Sen noted that UN support for the hybrid court came despite the fact that the body once supported the Khmer Rouge against the
Vietnamese-backed government that replaced them. Despite their ouster in 1979, the Khmer Rouge represented Cambodia at the UN General Assembly in the 1980s.

“When we fought with Pol Pot, they blamed us, they punished us, but 30 years later, the chief of Tuol Sleng prison has been tried,” Hun Sen said, adding that Cambodia and Vietnam had cooperated to secure the overthrow of the Khmer Rouge.

Court spokesman Reach Sambath said the tribunal had been buoyed by support from a variety of institutions in conducting its work thus far.

“The support helped court officials to move forward and provide a fair trial,” Reach Sambath said.

Hun Sen’s comments on Saturday contrasted with his previous, more confrontational statements concerning the court. In December, he warned that the prosecutions of further suspects could lead to unrest, echoing similar comments he made in September.

“If you want a tribunal, but you don’t want to consider peace and reconciliation and war breaks out again, killing 200,000 or 300,000 people, who will be responsible?” Hun Sen told a gathering in Phnom Penh on September 7.

On that same day, court prosecutors requested the investigation of five additional suspects beyond those in detention.

Monday, February 08, 2010

CIVIL PARTY: Khmer Victim(s) v. Charged KR Senior Leader(s) for Crimes against Humanity (etc.)

First published in November 2007 in The Phnom Penh Post as part of the Voice of Justice columns. As we await the decisions of the judges of the Extraordinary Chambers (ECCC) on the scope of victims' participation as civil party, may we be reminded of what this unprecedented concept means, and may the judges not emasculate the civil party's roles and existence which they created as a matter of law. In particular, may they be reminded that civil parties may be represented by an association or by a lawyer, as clearly indicated by the ECCC Victims' Application Form and not reduce our existence further into solely a witness or complainant, and not a party. - A Civil Party, thearyseng.com
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CIVIL PARTY:
Khmer Victim(s) v. Charged KR Senior Leader(s) for Crimes against Humanity (etc.)

It can be accurately stated that every Khmer is a "victim" of the Khmer Rouge soldiers, as virtually every Khmer has suffered loss of family members, house and home, rights etc. during the period of 17 April 1975 to 6 January 1979, the temporal jurisdiction of the Extraordinary Chambers in the Courts of Cambodia ("ECCC").

As a "victim", every Khmer has the choice to participate actively in the ECCC, as a matter of law, in three capacities: (i) be a witness, (ii) file a complaint to the Office of Co-Prosecutors, or (iii) be a civil party.

Witness and Complainant


The first 2 options are normally the ways victims participate in criminal proceedings, particularly of mixed tribunals, e.g. Special Courts of Sierra Leone.

Generally speaking, a common law witness helps the argument of a party (albeit the prosecutor or the defendant) and a civil law witness helps the investigating judge to find the "truth" of the matter.

Put simply, a complainant files a complaint to the office of prosecution, requesting that the prosecutor charge a particular defendant with a crime.

As either a witness or a complainant, one is not a party to the criminal proceeding and does not have access to the case files (or dossiers) or rights to any reparation (material, moral or otherwise). Here, the parties are only two: (i) Prosecutor v. (ii) Defendant.

Civil Party


The ECCC is unprecedented in giving the choice for a victim to become a civil party. No other mixed tribunals have such provision. In addition to the ECCC, the only other court, addressing mass crimes of international nature that permits civil party, is the International Criminal Court (and the ICC is an "international", and not "mixed", tribunal).

Unlike victim as a witness or victim as a complainant, victim as a civil party is a party to the criminal proceeding(s). Here, then, the parties are: (i) Prosecutor and (ii) Civil Party v. (iii) Defendant.

As a Civil Party to the criminal proceedings, one has most if not all the rights as a party: access to the case files (or dossiers), reparations etc.

How to become a civil party

How does a victim become a civil party normally and particularly with the ECCC?

First, there has to be a charge of a crime against a person by the investigating judge.

Second, there has to be an injury suffered by the applicant; it has to be a "legal" injury (for it to be admissible) in that the injury must be (i) physical, material and/or psychological and (ii) the direct consequence of (legal nexus/linkage to) the offense against the charged person.

At the ECCC, the Co-Prosecutors have forwarded five names to the Co-Investigating Judges ("CIJ"). The CIJ has publicly made known and charged two suspects, Kaing Guek Eav (alias Duch) with crimes against humanity, and Nuon Chea with crimes against humanity and war crimes.

Prior to these charges of the CIJ, it is possible to be a witness or complainant, but not possible to be a civil party (as there have been no charges); without the known offenses (crimes against humanity and war crimes) and persons (Duch, Nuon Chea), there's nothing or no one to link the applicant’s injury to.

Now, it is possible for a victim to become a civil party, either to the charge against Duch, or to the charges against Nuon Chea. And in the future, should the CIJ charge more person(s) with offense(s), a victim can join as civil party to that offense and person.

Example


To give concrete form to these concepts, below is the bulk of my civil party application (1 ½ pages in English) to the Office of CIJ which has been accepted:

I am applying to be joined as a Civil Party to the criminal proceedings and support the prosecution against Mr. Nuon Chea. Mr. Nuon Chea was arrested and provisionally detained by the ECCC on Wednesday, 19 September2007, on charges of crimes against humanity and war crimes committed in Cambodia between 1975 - 1979 ("Alleged Offenses").

As former Deputy Secretary of the Democratic Party of Kampuchea (or informally, the "Khmer Rouge") during this time, Mr. Nuon Chea was responsible for the Khmer Rouge forces under his effective command, control and/or authority as a result of his instructions or failure to exercise control properly over these forces.

I am a child female victim of the Alleged Offenses committed by and/or attributable to him during that time period.

As a direct consequence of the Alleged Offenses, I (at the age of4-8 years), among other things:

(a) lost my father, who was a victim of forced disappearance and was murdered by officers of the Khmer Rouge;
(b) was, together with my family, forcibly evacuated from Phnom Penh to Svay Rieng Province by officers of the Khmer Rouge;
(c) was imprisoned in Bung Rei in Svay Rieng Province for a period of approximately 5 months by officers of the Khmer Rouge;
(d) was deprived of access to food, medicine, education and other necessities by officers of the Khmer Rouge;
(e) suffered torture and other cruel or inhuman treatment by officers of the Khmer Rouge;
(f) witnessed other prisoners being tortured and/or murdered by officers of the Khmer Rouge;
(g) witnessed my mother being tortured or subjected to cruel and inhumane treatment by officers of the Khmer Rouge; and
(h) lost my mother, who was a victim of forced disappearance and was murdered by officers of the Khmer Rouge.

In the circumstances, I personally suffered physical, material and psychological injury and would like to participate in the criminal proceedings against Mr. Nuon Chea (and in the future, against any other senior Khmer Rouge leaders charged with crimes against humanity, war crimes and/or genocide).

Administration of Civil Party applications


Because many Khmers suffered as victims within the definition of a "civil party" and theoretically the Office of the Co-Investigating Judges may receive tens of thousands of applications requesting to become a civil party, the process can be administratively messy and unworkable. Hence, to lessen the administrative burden of and give order to this process, it is immensely important that victims who apply to be a civil party (i) use the standard form of the ECCC, and (ii) join a group or association with representation.

For example, civil party applications can be grouped by (i) zones, e.g. Eastern Zone, (ii) status, e.g. Orphans (victims, who under 18 years, lost both parents during 1975-79), (iii) etc.

The ECCC will soon have a working Victims Unit. Also, the Cambodian Human Rights Action Committee ("CHRAC") is interested in acting as a clearinghouse for victims (as witness, complainant or civil party). The Center for Social Development, in association with and as a member of CHRAC and on its own, will focus on assisting those who are only interested in becoming a civil party (as a matter of division or labor, making the process more concretely and manageable). I, in my personal capacity already as a civil party, am interested in representing those individuals, who as a child (under 18) lost both parents.

Unprecedented, awesome opportunity


The opportunity provided by the ECCC for victims to become a civil party is truly awesome and should be thoughtfully and meaningfully taken by any Khmer who wish to (i) bring justice (to whatever degree) for and in the memory of loved ones who died, and (ii) force charged senior Khmer Rouge leaders to own up to the horrific crimes which unfolded from which we are yet trying to recover, even almost 30 years later. This is not an issue of revenge, but of justice and responsibility.

Theary C. SENG, a member of the New York Bar Association, former director of Center for Social Development (March 2006—July 2009), founder and Board of the Center for Justice & Reconciliation (www.cjr-cambodia.org), founding adviser of the Association of Khmer Rouge Victims (www.akrvc.org), is currently writing her second book, under a grant, amidst her speaking engagements. For additional information, please visit Theary's website at thearyseng.com.

Sunday, February 15, 2009

Many Cambodians in Rhode Island says the genocide trials come too late

Sunday, February 15, 2009
By Karen Lee Ziner
The Providence Journal staff writer (Rhode Island, USA)


PROVIDENCE –– Molly Soum was 5 years old when the Khmer Rouge forced her and her 3-year-old sister into hard labor with other children, “breaking rocks, with no food or water, and no shade.” Soum lost her father, grandfather and three uncles to the 1975-79 genocide that claimed an estimated 2 million lives and left bodies and bones scattered across Cambodia’s Killing Fields.

As a U.N.-backed tribunal prepares to prosecute the first of five aging Khmer Rouge leaders this week, Soum — like others in Rhode Island’s large Cambodian community — is bitter that only a handful of people will face prosecution for crimes against humanity.

Many see the trials as a waste of millions of dollars, occurring decades too late, and tainted by government corruption. Only a few people interviewed last week said they will follow the proceedings, either through online reports, or satellite television.

Kang Kek Ieu, known as “Comrade Duch,” is scheduled to appear at an initial hearing Tuesday that is expected to review witness lists and determine the extent to which “civil parties” can participate. Duch ran the Toul Sleng interrogation center, where thousands of Cambodians were tortured and executed before the Vietnamese invaded the country in December 1978.

The trials of the four others — Khieu Samphan, the group’s former head of state; Ieng Sary, its foreign minister; his wife, Ieng Thirth, former minister for social affairs, and Nuong Chea, the movement’s chief ideologue — are not expected to start before next year. Pol Pot, the Khmer Rouge supreme leader, died in 1998 at age 73, before he could be tried for war crimes. At the time, he was held prisoner by former colleagues who had accused him of betraying the revolutionary movement he once led.

“I would like to see them electrocuted,” says Soum of the five who are slated to stand trial. A transition specialist at the Genesis Center and former Cambodian interpreter for the state, Soum said, “I’d like to see them have to watch The Killing Fields film over and over and over — to see what they did,” before they are put to death.

“I believe they should be put on trial, but my heart is too numb to feel the justice.” She added, “Why do we have to wait three decades? Why? There’s no punishment to them. They live, they laugh at us through all these years. I’m very angry.”

A WAVE OF CAMBODIAN REFUGEES arrived in Rhode Island throughout the early 1980s. Those refugees and subsequent generations are estimated at more than 15,000. Resettled by agencies including the International Institute of Rhode Island and Catholic Social Services, they clustered primarily in Providence’s West End, where they established the first Cambodian Buddhist temple in the country.

Many had witnessed the executions of family members and fellow countrymen as the Khmer Rouge worked, tortured and starved people to death as part of a radical experiment in agrarian communism.

The Khmer Rouge referred to this experiment as turning the clock back to “the Year Zero.”

During a four-year reign, from 1975 to 1979, the Khmer Rouge systematically slaughtered urban dwellers, Buddhist monks, people with connections to foreign governments, and teachers, doctors and other intellectuals — even people who wore glasses.

They separated children from parents and brainwashed them, and forced the entire population to work in collective farms or forced labor projects.

The genocide went largely unreported until Dith Pran, then an assistant to New York Times reporter Sydney Schanberg, emerged four years after he was captured by the Khmer Rouge and told the world about the horrors he’d witnessed. That included the mass graves scattered throughout the country that became known as the Killing Fields.

In Rhode Island, and in other Cambodian resettlement communities around the world, survivors suffered extremely high rates of posttraumatic stress, as they tried to cope with language and cultural barriers in a foreign culture.

Rhode Island’s survivors include Sary Kim, a 60-year-old former seamstress and factory worker now enrolled in job-retraining classes at the Genesis Center in Providence.

Kim still carries images of body parts flung by land mines into the trees, as she and her family ran through the jungle from the Khmer Rouge. She is haunted by a child who was left alone on the jungle path: Kim wanted to carry the girl, whom she estimated at age 2 or 3, but was already carrying her own children. The child appeared traumatized and “could not speak.”

Kim said she was unaware of the pending trials, and will not follow them. Kim said, “I don’t want to know.”

Makna Men, acting director of advisement at Bristol Community College in Fall River and newly appointed chair of the mayor’s Southeast Asian Advisory Council in Providence, came from Khao I Dang refugee camp when he was 13.

He calls the tribunal “a big show,” with only “a very selected few” of Khmer Rouge leaders being tried. Until recently, Men followed news of the pending trial on the Internet. Now he has stopped.

“To me, I lost my father during the Khmer Rouge time and a lot of my first cousins, and my mom lost a lot of her brothers and sisters. The wound is already there in my heart, the torture, the suffering, the starvation — to me this trial really doesn’t do any good,” said Men. “It is not going to close the book.”

One of Men’s enduring memories is the death of his father in 1976.

“The Khmer Rouge didn’t allow me, didn’t allow my brother to go to see his body. They said, ‘If we allow you to go, will you bring him back to life?’ The only one they allowed was my mom. They wouldn’t let us go. He caught malaria or whatever and then the policy of the KR in my village was if you get sick and you cannot work you cannot get food. He died of sickness and starvation at the same time. That memory is going to stay with me ever since. Am I angry with Khmer Rouge? Yes, I am very angry with them.”

Men’s wife, Samoutta Men, is a substance-abuse prevention coordinator at the Socio-Economic Development Center for Southeast Asians, in Providence. She believes the millions spent on the trial could have been used to establish a foundation in memory of Cambodian holocaust victims, and to help educate Cambodia’s young people.

“For me, the healing is never completed,” she said.

Ken Oung, one of several people interviewed at the Cambodian Buddhist temple on Hanover Street, has no confidence in the trials.

“Those key witnesses who are sitting in the government cannot be subpoenaed,” he said. “It’s close to $150 million for less than 10 people. To me, it’s symbolic to tell the international community ‘We are the government; we care.’ But do they really care?”

Oung also believes that the millions spent thus far should have been used for other purposes, such as a psychiatric hospital to help survivors, or education programs “to tell our young generation about the genocide.”

Said Oung, “The trial will not bring justice for me. To spend so much money is ridiculous. It took almost thirty years for the preparation.”

CAMBODIAN DEPUTIES voted in 2001 to create a special tribunal that would bring former Khmer Rouge leaders to trial for war crimes.

The tribunal, formally known as the Extraordinary Chambers in the Courts of Cambodia, was set up in 2006 — 13 years after it was first proposed, and nearly 30 years after the Khmer Rouge were toppled by the Vietnamese invasion. The tribunal is administered jointly by the United Nations and the Cambodian government, and is to comprise elements of Cambodian and international law.

According to The New York Times, hundreds of people have applied to the court to be officially recognized as victims of the Khmer Rouge, and to bring parallel civil cases against the five cadre leaders. They may potentially have the right to participate in the investigation, be represented by a lawyer, call witnesses and question the accused at a trial.

Other news reports state that authorities are still deciding how many civil parties will be allowed to participate, and to what extent.

Duch, 65, who is expected to appear at Tuesday’s hearing, has been detained since 1999. He is charged with crimes against humanity and war crimes: those include having committed or abetted murder, torture, rape and persecutions on political grounds.

SAM BECKER, supervisory deputy clerk at District Court, Providence, has long been involved in Cambodian politics, through a political party formed in the United States. He will watch the trial closely.

“First thing in the morning, I go on the Internet” and check for updates on the pending trial, Becker said. He also speaks with his brother and other relatives who are still in Cambodia.

Becker is pleased about the pending prosecutions, “but they’re not doing enough,” Becker said of the tribunal. “The members of the Khmer Rouge being held right now, they are old and their health is not that good. This process is so long. I hope by the time the actual trial is going to go, they won’t be dead.”

Becker criticizes the U.N. for “letting the government dictate the process,” and wrote a letter of protest to then U.N. Secretary General Kofi Annan two or three years ago.

“I said the U.N. is losing their credibility” by allowing a communist dictator to dictate to the U.N. body — “the international body that’s supposed to be finding justice.” He adds, “The people running the government are former Khmer Rouge, so what are you going to do?”

Becker lost many relatives to the Killing Fields, including his sister and a cousin who was a Buddhist monk.

“My main point is, I hope the government will get this over with before they die off. We want to know why over two million people were killed, and if any other foreign countries were behind it.”

With wire reports
kziner@projo.com

Friday, February 13, 2009

Translating a trial into a narrative

The former Tuol Sleng (S-21) torture centre in Phnom Penh, headed by Duch from August 1975 until the regime's fall in January 1979. (Photo by: Tracey Shelton)

Friday, 13 February 2009
Written by Georgia Wilkins and Neth Pheaktra
The Phnom Penh Post


The KRT's first trial opens next week, but what will having Duch in the dock mean?

THREE decades after he presided over a bloody reign of terror at the Khmer Rouge's notorious Tuol Sleng prison, Kaing Guek Eav, the math teacher-turned-prison chief, will take his place in the dock and answer questions about his alleged role in the systematic torture and extermination of up to 16,000 men, women and children.

As the first senior Khmer Rouge figure to be brought to justice for his role in the atrocities committed during the ultra-communist group's 1975-79 rule, the trial of Kaing Guek Eav, better known by his revolutionary name of Duch, will no doubt prompt an unprecedented flurry of international media attention. The issue now, observers say, is how the court will ensure the trial has meaning that resonates with those it has been set up to serve.

"I worry that ordinary Cambodians don't feel that they have ownership over the process of bringing people like Duch to account," said Nic Dunlop, the photojournalist who discovered Duch in 1999 working for NGOs in the border regions.

"It would be a real shame if we have Duch telling the court important things that people need to know and few people are actually aware of it," Dunlop told the Post via email.

According to Philip Short, historian and author of Pol Pot: History of a Nightmare, comprehensive Khmer-language coverage of the trial, coupled with grassroots-level discussion of the proceedings is essential.

"But the government has little interest in that kind of nationwide self-questioning and it will in any case be difficult to generate in a society like Cambodia's," he told the Post via email.
"THE start of the ECCC's first trial is an important, if overdue, step towards the goal of accountability."
"If, as is more likely, the hearings remain a distant event, confined to the courtroom in Phnom Penh, their significance will be very limited," he adds.

A population-based survey conducted by the University of California, Berkeley, earlier this month indicated that indeed this may be the case.

According to the report, 85 percent of Cambodians interviewed had "little or no knowledge" of the court as of last September, a statistic that was disputed by the court's public affairs officers, who claimed it was "not consistent with [their] own feedback in the field". In addition to a lack of knowledge, the survey pointed to public doubts about the court's objectivity: One-third of respondents familiar with the tribunal said they did not believe the court was neutral, with 23 percent saying it was corrupt.

While the trial itself may be a significant step on the path to justice, historian Ros Chantrabot of the Royal Academy of Cambodia says that whether legal procedures can be translated into meaningful narratives remains to be seen.

Translating truth into justice

"This hearing is very important for Cambodia and the world. But we don't know yet whether the hearing can bring the truth," he said.

Regardless of whether it can, the opening of the Extraordinary Chamber's first public trial ratchets up the pressure on the court to deliver.

But many argue that expectations are too high, and that the court - however successful its first public trial - was never going to be able to meet them.

"If reconciliation were the aim, there are other ways of going about that, as South Africa has shown," said Short.

"This tribunal has nothing to do with reconciliation. How can the condemnation of a few elderly men, no matter how appalling their acts, reconcile people in the villages with those who, during KR times, murdered their relatives, and who still live a few houses away from them?" Short asked.

Moreover, the court's legitimacy remains dented, and observers hope the start of a trial will be used by the court to boost its credibility.

"The start of the ECCC's first trial is an important, if long overdue, step toward the goal of accountability for serious crimes in Cambodia," James Goldston, executive director of New York-based Open Society Justice Initiative, said in an email.

"[But] the court must take aggressive action to respond to repeated allegations of corruption and provide adequate protection to those who come forward to report corruption," he said.

However, international co-prosecutor Robert Petit argues that, as the most public manifestation of the tribunal so far, the trial would refocus attention back to its original goal.

"These trials are by nature very complex but I'm confident in the Court's abilities to see them through to the highest standard," he said by email.

Despite numerous caveats, the first public trial of a Khmer Rouge leader could further knowledge and understanding of the workings of the still-mysterious regime.

"We know what S21 did; we know much less about why it did it," Philip Short says of the torture centre headed by Duch.

"What one would like the trial to reveal is the political mechanism behind S21: the role of Nuon Chea and other members of the Security Committee, Pol Pot and Son Sen; and the extent to which the political leadership controlled what was done there," he adds.

Historian David Chandler says the trial is significant because of the weight of documentary evidence linking Duch to the executions at S-21.

"A full account, if we got one, would deepen our understanding of the DK era," he said.

Even Duch, a converted Christian, has acknowledgesd the need to reveal the truth.

"The killings must be understood. The truth should be known," he told Dunlop as his arrest was imminent.

According to Youk Chhang, director of the Documentation Centre of Cambodia, the public trial itself is a key part of getting the truth about the Khmer Rouge to the public.

"It will indeed contribute to our history and how we confront the past," he said. Whether victims are content with the verdict is immaterial, as "they will be able to make their own decision".